Sector Guidance

11 March 2020

In partnership with law firm McAllister Olivarius we have published:

The 1752 Group and McAllister Olivarius Sector Guidance to Address Staff Sexual Misconduct in UK HE

This guidance provides detailed recommendations for higher education institutions processing student complaints and makes key recommendations during the main steps within the end-to-end procedure:

A. Initial submission of complaint and risk assessment
B. The Investigation
C. The decision-making procedure
D. The review process
E. Confidentiality of outcomes and protection of the complainant
F. Data recording and management

The guidance is free to download and is available to all.

You can listen to a one-hour long webinar hosted by Culture Shift from May 2020 introducing the guidance.

We have written a comment piece on WonkHE to accompany the guidance.

Briefing Notes

The Guidance is accompanied by a briefing note published by The 1752 Group and McAllister Olivarius.

The 1752 Group and McAllister Olivarius_Briefing Note 1: In cases of suspected sexual misconduct can a university pro-actively investigate and speak to potential witnesses in the absence of any formal complaint or complainant?

This briefing document provides guidance for managers and HR staff on how higher education institutions can take proactive steps to address staff sexual misconduct in the absence of formal complaints. It is designed to work alongside The ACAS Guide on Discipline and Grievances at Work (2019a) as well as the ACAS guidance on Conducting Workplace Investigations (2019b).

Briefing Note 2

The 1752 Group and McAllister_Briefing Note 2_Submitting a Subject Access Request.

An individual has the right to request any information a public institution holds on you through a Subject Access Request. Complainants and witnesses have previously found this a useful means to find out more about a disciplinary process and its outcome. Types of information that can be requested include emails, outcomes of disciplinary procedures, or any data held on your personnel/HR file. In this document you can access template SAR adapted from the Information Commissioner’s Office advice.